Partly allowed¶27

C. Ponnusamy v. M. Ramasamy

Madras HC9 Dec 2025CMP/16048/2023

Case brief

AI extract

What is this about?

Set aside abatement; death of 6th respondent Subbaraya Gounder; legal representative; doctrine of substantive representation; service on one legal heir represents estate; respondents 9 and 11 served; notice returned deceased; CMP No. 16048 of 2023; S.A. No. 1685 of 2008; Madras High Court; amendment of appeal by Registry.

What did the court decide?

Application ordered setting aside the abatement only insofar as respondents 9 and 11 are concerned; Registry directed to carry out necessary amendment in S.A. No. 1685 of 2008. ¶27

C. Ponnusamy Vs M. Ramasamy — Madras HC (2025) — LawSathi Research

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CMP No. 16048 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-12-2025

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CORAM

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THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

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CMP No. 16048 of 2023 IN SA NO. 1685 OF 2008

C. Ponnusamy Died

Appellant(s)

M. Ramasamy S/o. Muthusamy, Thandankadu, Moolakarai Village, Erode District

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Respondent(s)

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Prayer : Petition filed to set aside the abatement caused due to the death of the 6^th respondent Subbaraya Gounder in S.A.No.1685 of 2008.

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For Appellant(s): Mr.Ramanan for Mr.N. Manoharan

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For Respondent(s): Cmps. 16048, 16050, 16046/2023 In Sa. 1685/2008

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Batta With Petition And Affidavit Due Reg Rr9 To 12

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ORDER

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This petition has been filed to set aside the abatement caused due to the

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death of the 6^th respondent Subbaraya Gounder in S.A.No.1685 of 2008.

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2.Respondents 9 and 11 have been served. Insofar as the respondents 10

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& 12 are concerned, it has been returned as ‘deceased’.

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https://www.mhc.tn.gov.in/judis

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CMP No. 16048 of 2023

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3.In an application filed to bring on record the legal representative, even

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if one of the legal heirs is served, this Court can treat them as representing the

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estate, applying the doctrine of substantive representation.

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4.Respondents 9 & 11 have not entered appearance through counsel nor are they opposing.

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5.Hence, this application is ordered only insofar as the respondents 9 & 11 are concerned.

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09-12-2025 (14/22)

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krk

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NOTE : Registry is directed to carry out necessary amendment in S.A.No.1685 of 2008.

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1.M. Ramasamy S/o. Muthusamy, Thandankadu, Moolakarai Village, Erode District 2.Nallasamy S/o. Chinnappa Gounder, Kambar Street, Veerappanchatram, Erode-4

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3.Rajendran S/o. Chinnappa Gounder, Kambar Street, Veerappanchatram, Erode-4

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4.Rangasamy Died

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https://www.mhc.tn.gov.in/judis

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CMP No. 16048 of 2023

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5.Chinnasamy

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S/o. Chinnamalai Gounder, Koorapalayam, Pichandampalayam Post, Erode District